CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 1. Sidewalks

All sidewalks shall hereafter be constructed, repaired, and reconstructed according to plans and specifications adopted by the governing body for such purposes, and such plans and specifications are hereby adopted by reference. At least three copies of the sidewalk plans and specifications shall be kept on file at the office of the city clerk and shall be available to the officers of the city and to the public at all reasonable business hours.

(Code 1967, 13-101)

All sidewalks shall be not less than 10 feet in width in the business section of the city and four feet in width in the residential section of the city: provided, that where the governing body shall deem it necessary or advisable, it may order a greater or lesser width as the case may be.

(Code 1967, 13-102)

All sidewalks located in a street right-of-way shall be adjacent to and level with the curb.

(Ord. 571, Sec. 1)

Where a grade has been established for a street, the grade for the sidewalk shall be established either in the same manner as the grade for the street was established or by reference to a stated distance above or below the street grade. Where no street grade has been established, the natural grade may be used: provided that when any abutting owner desires to construct or reconstruct a sidewalk at his or her own expense as provided in section 13-108 of this article, he or she shall notify the street superintendent of his or her intention to do so before commencing work.

(Code 1967, 13-104)

When a petition signed by not less than 10 citizens owning real estate in the city, paying for the construction of a sidewalk or sidewalks is filed with the city, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided.

(Code 1967, 13-105)

When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.

(Code 1967, 13-106)

The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract.

(Code 1967, 13-107)

Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meets such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city to construct or reconstruct a sidewalk without any petition or a condemning resolution adopted by the governing body: provided, that if such property owner desires the sidewalk to be constructed or reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body (city clerk), and the governing body in its discretion may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body.

(Code 1967, 13-108)

It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs, and without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law.

(Code 1967, 13-109)

In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-107 of this article, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, laws of the city, or laws of Kansas, and for all contracts exceeding $1,000 entered into by the city for any such purpose a statutory lien bond, required by K.S.A. 60-1111, shall be furnished.

(Code 1967, 13-110)

It shall be unlawful for any person or corporation to erect any sign or structure for advertising or other purposes across or upon any sidewalk, in front of any building property of the city, or to set or place on the sidewalk in front of his or her place of business or near thereto any post, bracket, board, contrivance or structure as a sign, advertisement or device to call attention to his or her trade or business or to any article or property which the person or corporation may have or exhibit for sale or upon which to advertise the same unless such sign post, bracket, board or other contrivance be placed within two feet of the building abutting upon such sidewalk, except as may be provided hereafter.

(Code 1967, 13-301)

(a)   It shall be unlawful for any person or corporation to construct a large sign of any kind extending out from any building abutting on any sidewalk more than two feet therefrom when the same shall be securely fastened to the wall or front of such building and which shall be less than seven feet above the surface of the sidewalk.

(b)   All persons or corporations desiring to construct any such sign may do so only upon the approval of the city inspector following the making of an application showing the plans of construction, the materials to be used and the location of any such sign: provided further, that no such sign may be constructed to extend more than three feet from the wall of any building.

(c)   Where it is desired to construct any sign, marquee or other structure weighing more than 50 pounds over the sidewalks of the city, no approval shall be given until a good and sufficient surety bond shall be given to the city conditioned to hold the city free and harmless from any damage done to life, limb or property should such sign or structure fall, be blown down or otherwise dislocated.

(d)   The provisions of this section shall apply to the construction of awnings, canopies, or other similar structures which shall extend out, into or overhang any sidewalk.

(Code 1967, 13-302)